Israel/OPT
10.09.01
Urgent Interventions
Israel: rejection of the appeal against the administrative detention of Mr. Abed al-Ahmar
Case ISR 180701.1
Follow-up of Case ISR 180701
Geneva, September 10th, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Israel.
New information
The International Secretariat of OMCT has been informed by the Palestinian Human Rights Monitoring Group (PHRMG) and the Public Committee Against Torture in Israel (PCATI), both members of the OMCT network, of the rejection of the appeal against the administrative detention of Mr. Abed al-Ahmar, a PHRMG field researcher, on August 22nd in Israel.
According to the information received, the decision to reject the appeal launched by Mr. Abed al-Ahmar's lawyers against his six-months administrative detention order was taken by Military Judge Yahav during a hearing held at the Megiddo detention center, where Mr. Al-Ahmar has been detained since July 2nd, 2001, having been arbitrarily arrested on May 24th, 2001. A previous appeal made by Mr. al-Ahmar’s lawyers concerning a previous extension to his detention period was rejected on June 22nd 2001 under similar circumstances.
According to the information received, the rejection is solely based on evidence submitted by the Israeli General Security Services (GSS), the content of which has not been made public. Furthermore, Judge Yahav dismissed all the evidence presented by Mr. Al-Ahmar’s lawyers. Judge Yahav also reportedly personally attacked Mr. Abed al-Ahmar during the proceedings, describing him as a "charlatan”.
According to the information received, the Israeli Ministry of Justice have also reportedly distributed a letter to some of those who have been protesting on behalf of Mr. Al-Ahmar, which contained defamatory accusations against him. The existence of this letter was not revealed to Mr Al-Ahmar’s lawyers, and the accusations therein are though to be foundless and designed to undermine international support for him.
The International Secretariat of OMCT is gravely concerned for his physical and psychological integrity, taking into account his previous detention and the fact that he has already been tortured, and fears that he may again be subjected to torture or other forms of ill-treatment.
Brief reminder of the situation
According to the information received, Mr. Abed Rahman al-Ahmar, a PHRMG field researcher was arrested on 24th May 2001. On July 15th 2001, an Israeli Military Judge, Adrian Agasi, issued a six-month administrative detention order against Abed al-Ahmar, on the basis of secret evidence submitted by the Israeli General Security Services (GSS). The hearing was held at the Megiddo detention center and the evidence presented by Mr. Al-Ahmar’s lawyers was reportedly not considered by the Judge.
Mr. al-Ahmar was arrested by Israeli security forces on May 24th 2001 and transferred to the Gush Etzion military detention center. On 30th May his detention was extended by 20 days, without the presence or knowledge of his lawyers, and he was transferred to the Russian Compound detention center in Jerusalem. Attorney Yossi Schwartz, who represented Mr. al-Ahmar, filed an appeal against this extension on June 4th 2001. The appeal was rejected on June 5th by the Military Court of Appeals in Beit El, West Bank.
Following allegations that during his detention Mr al-Ahmar may have been submitted to torture, in particular to the “shabeh” torture method, which consists of being shackled in tight handcuffs to a slanting chair for the entire day (outlawed by the Israeli Supreme Court on September 6th 1999), Attorney Pacheco, acting for the PHRMG, and the Public Committee Against Torture in Israel (PCATI), a member of the OMCT network, filed a petition with the High Court against the torture on 11th June 2001. The petition was rejected in a hearing on June 12th, 2001, for lack of evidence.
Another extension of his detention was decided on June 18th 2001 for 15 days. The appeal filed by Mr. al-Ahmar’s lawyers was rejected on June 22nd 2001.
On July 2nd 2001, the previous extension came to an end, and the Military Commander ordered a six-month administrative detention, saving the GSS from having to present new evidence against him. Mr. al-Ahmar was then immediately transferred to the Meggido Detention Center.
According to the information received, Mr. al-Ahmar had already been held in administrative detention for two and a half years, prior to his release in 1998, and a procedure on allegations of torture that he initiated at that time is still pending against the GSS.
Action requested :
Please write to the authorities in Israel urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Al-Ahmar Ahmar;
ii. order the immediate release of Mr Al-Ahmar in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses :
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2)566 48 38 / 691 79 15 E-mail: pm@pmo.gov.il or feedback@pmo.gov.il
· Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax:(+ 972 2) 62 8 54 38 or Fax: ++ 972 2 628 8618 Email: sar@justice.gov.il
· Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax:(+972-3)691 69 40, e-mail: sar@mod.gov.il
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411 Email: sar@moin.gov.il
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
· Uzi Landau, Minister of Internal Security, Ministry of Internal Security P.O Box 18182, 3 Sheirkh Jarrah, Kiryat Hamemshala jerusalem, 91181, Israel. Fax: (+ 972 2) 582 67 69, E-mail : sar@mops.gov.il
· Chief Military Attorney, Brigadier Menahem Finkelstein, Lishkat HaPatzar, HaKirya, Tel Aviv, Fax : (+972 3) 569 20 94
Please also write to the embassies of Israel in your respective country.
Geneva, September 10th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case ISR 180701
Geneva, September 10th, 2001
The International Secretariat of OMCT has received new information regarding the following situation in Israel.
New information
The International Secretariat of OMCT has been informed by the Palestinian Human Rights Monitoring Group (PHRMG) and the Public Committee Against Torture in Israel (PCATI), both members of the OMCT network, of the rejection of the appeal against the administrative detention of Mr. Abed al-Ahmar, a PHRMG field researcher, on August 22nd in Israel.
According to the information received, the decision to reject the appeal launched by Mr. Abed al-Ahmar's lawyers against his six-months administrative detention order was taken by Military Judge Yahav during a hearing held at the Megiddo detention center, where Mr. Al-Ahmar has been detained since July 2nd, 2001, having been arbitrarily arrested on May 24th, 2001. A previous appeal made by Mr. al-Ahmar’s lawyers concerning a previous extension to his detention period was rejected on June 22nd 2001 under similar circumstances.
According to the information received, the rejection is solely based on evidence submitted by the Israeli General Security Services (GSS), the content of which has not been made public. Furthermore, Judge Yahav dismissed all the evidence presented by Mr. Al-Ahmar’s lawyers. Judge Yahav also reportedly personally attacked Mr. Abed al-Ahmar during the proceedings, describing him as a "charlatan”.
According to the information received, the Israeli Ministry of Justice have also reportedly distributed a letter to some of those who have been protesting on behalf of Mr. Al-Ahmar, which contained defamatory accusations against him. The existence of this letter was not revealed to Mr Al-Ahmar’s lawyers, and the accusations therein are though to be foundless and designed to undermine international support for him.
The International Secretariat of OMCT is gravely concerned for his physical and psychological integrity, taking into account his previous detention and the fact that he has already been tortured, and fears that he may again be subjected to torture or other forms of ill-treatment.
Brief reminder of the situation
According to the information received, Mr. Abed Rahman al-Ahmar, a PHRMG field researcher was arrested on 24th May 2001. On July 15th 2001, an Israeli Military Judge, Adrian Agasi, issued a six-month administrative detention order against Abed al-Ahmar, on the basis of secret evidence submitted by the Israeli General Security Services (GSS). The hearing was held at the Megiddo detention center and the evidence presented by Mr. Al-Ahmar’s lawyers was reportedly not considered by the Judge.
Mr. al-Ahmar was arrested by Israeli security forces on May 24th 2001 and transferred to the Gush Etzion military detention center. On 30th May his detention was extended by 20 days, without the presence or knowledge of his lawyers, and he was transferred to the Russian Compound detention center in Jerusalem. Attorney Yossi Schwartz, who represented Mr. al-Ahmar, filed an appeal against this extension on June 4th 2001. The appeal was rejected on June 5th by the Military Court of Appeals in Beit El, West Bank.
Following allegations that during his detention Mr al-Ahmar may have been submitted to torture, in particular to the “shabeh” torture method, which consists of being shackled in tight handcuffs to a slanting chair for the entire day (outlawed by the Israeli Supreme Court on September 6th 1999), Attorney Pacheco, acting for the PHRMG, and the Public Committee Against Torture in Israel (PCATI), a member of the OMCT network, filed a petition with the High Court against the torture on 11th June 2001. The petition was rejected in a hearing on June 12th, 2001, for lack of evidence.
Another extension of his detention was decided on June 18th 2001 for 15 days. The appeal filed by Mr. al-Ahmar’s lawyers was rejected on June 22nd 2001.
On July 2nd 2001, the previous extension came to an end, and the Military Commander ordered a six-month administrative detention, saving the GSS from having to present new evidence against him. Mr. al-Ahmar was then immediately transferred to the Meggido Detention Center.
According to the information received, Mr. al-Ahmar had already been held in administrative detention for two and a half years, prior to his release in 1998, and a procedure on allegations of torture that he initiated at that time is still pending against the GSS.
Action requested :
Please write to the authorities in Israel urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Al-Ahmar Ahmar;
ii. order the immediate release of Mr Al-Ahmar in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses :
· Ariel Sharon, Prime Minister, Office of the Prime Minister, 3 Kaplan Street, Jerusalem 91007, Israel. Fax:(+ 972 2)566 48 38 / 691 79 15 E-mail: pm@pmo.gov.il or feedback@pmo.gov.il
· Meir Shitrit, Minister of Justice, Ministry of Justice, 29 Salah al-Din Street, Jerusalem 91029, State of Israel. Fax:(+ 972 2) 62 8 54 38 or Fax: ++ 972 2 628 8618 Email: sar@justice.gov.il
· Binyamin Ben-Eliezer, Minister of Defense, Ministry of Defense, 7 "A" Street, Hakirya, Tel Aviv, Israel. Fax:(+972-3)691 69 40, e-mail: sar@mod.gov.il
· Eli Yishai, Minister of the Interior, Ministry of the Interior, Fax: 00972 2 670 1411 Email: sar@moin.gov.il
· Shimon Peres, Minister of Foreign Affairs, Ministry of Foreign Affairs, Fax:(+ 972 2) 530 3704, E-mail: sar@mofa.gov.il
· The Supreme Court of Justice, Kiryat Ben Gurion, Jerusalem, Israel. Fax: (+ 972 2) 652 71 18
· Uzi Landau, Minister of Internal Security, Ministry of Internal Security P.O Box 18182, 3 Sheirkh Jarrah, Kiryat Hamemshala jerusalem, 91181, Israel. Fax: (+ 972 2) 582 67 69, E-mail : sar@mops.gov.il
· Chief Military Attorney, Brigadier Menahem Finkelstein, Lishkat HaPatzar, HaKirya, Tel Aviv, Fax : (+972 3) 569 20 94
Please also write to the embassies of Israel in your respective country.
Geneva, September 10th, 2001
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.